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03-04-2016 Town Owned Light Poles at Avon Elementary SchoolLEASE AGREEMENT FOR TOWN OWNED LIGHT POLES AT AVON ELEMENTARY SCHOOL, TRACT P AND ON W. BEAVER CREEK BLVD, TOWN OF AVON, CO THIS LEASE AGREEMENT ( "Agreement ") is entered into on March 4, 2016, between the Avon Elementary School ( "Lessee "), doing business as a Colorado non - profit governmental, whose address is 0850 W. Beaver Creek Blvd., P.O. Box 7567, Avon, Colorado 81620 and the Town of Avon, as Lessor ( "Avon "), a Colorado Home rule municipality, located at One Lake Street, Avon, Colorado (individually at "Party" and collectively, the "Parties "). This Agreement sets forth the terms and conditions for Avon Elementary School to design and produce single panel banners for up to eight (8) 16' light poles located in the south parking lot of Avon Elementary School and along W. Beaver Creek Blvd. adjacent to the Lessee property ( "Premise ") and owned by the Lessor. In consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Avon Elementary School and Avon, the Parties do hereby agree as follows: 1. Term. The term ( "Term ") of this Agreement shall be for one (1) year, commencing March 4, 2016 and ending March 4, 2017, unless earlier terminated as hereinafter provided. 2. Lease. Avon agrees to lease the Premises to Avon Elementary School for decorating with single panel banners subject to the terms and conditions of this Agreement. 3. Lease Payment Amount. During the term of this Agreement the following stipulations are set forth, a. Rent shall be $0.00 per month; and b. The banner arms, installation and removal of banners will be provided by Avon. 4. Limits on Use. No other services by Avon are included other than those explicitly listed herein. Other uses of the Premises are not permitted without Avon's written consent and will be considered a breach of this Agreement. The following additional limitations on use apply: (a) Avon Elementary School agrees that use of the Premises is "at your own risk ". (b) The banner creative, design and production will be provided by Avon Elementary School. Banners will be made to specific requirements provided by Avon and delivered to Town offices for installation. 5. Maintenance. Avon retains the right to remove damaged banners or banners which may pose dangerous conditions at their discretion and will immediately notify Avon Elementary School of any removal. Avon Elementary School has the right to replace damaged/removed banners with a banner of the same design. Avon Elementary School agrees to immediately notify Avon of any defects or dangerous conditions in and about the Premises of which Avon -Avon Elementary School Lease Agreement March 4, 2015 Page I of 4 Avon Elementary School becomes aware 6. Facilities. Avon represents that its light poles are capable of holding banners made to specification and are adequately equipped to offer the services described herein. 7. Termination. Avon Elementary School or Avon may terminate this Lease Agreement without cause by providing at least five (5) days prior written notice to the other Party. In the event of any material breach of this Agreement by Avon Elementary School, the Avon may terminate this Agreement immediately upon providing written notice of termination to Avon Elementary School. 8. Liability and Indemnification. Avon Elementary School, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of Avon or of any officer or employee thereof. Likewise, Avon, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of Avon Elementary School or by any officer or employee thereof. Avon Elementary School agrees to indemnify, defend and hold harmless to the extent allowed by law, Avon, its respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever, arising out of or related to Avon Elementary School's intentional or negligent acts, errors, or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise. Likewise, Avon agrees to indemnify, defend and hold harmless to the extent allowed by law, Avon Elementary School, its respective agents, officers, servants and employees of and from any and all loss, costs, damage injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to Avon's intentional or negligent acts errors or omissions or that of its agents, officers, servants and employees, whether contractual or otherwise. 9. Insurance. The Parties must carry valid insurance for any individuals and property that are involved in use of the Premises. Avon is not liable for damage to Avon Elementary School owned property while located on the Premises, including acts of vandalism, theft, or comprehensive damage of same vehicles, unless such damage or theft is caused by the negligent operation or management of Avon. The Parties must each carry property damage and general liability insurance policies, each in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. 10. Relationship of the Parties. The relationship between the Parties is that of independent contractor, and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership, joint venture, or ownership interest in the real property. 11. No Waiver of Governmental Immunity. Nothing in this IGA shall be construed to waive limit, or otherwise modify any governmental immunity that may be available by law to Avon, its respective officials, employees, contractors, or agents, or any other person acting on behalf of Avon, and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 12. Notice. Any notice, demand, or other communication required or permitted to be given by any provision of the Lease shall be given in writing, delivered personally or sent by certified or registered mail, postage prepaid and return receipt requested, or by overnight courier, with Avon -Avon Elementary School Lease Agreement March 4, 2015 Page 2 of 4 shipping charges prepaid, or given by electronic e-mail provided that e-mail shall not be deemed delivered until acknowledged by recipient, addresses as follows: To Avon: Town of Avon Attn: Town Clerk One Lake Street P.O. Box 975 Avon, CO 81620 Ph.: 970 - 7484000 E -Mail: dhoppe @avon.org To Avon Elementary School: Avon Elementary School Attn: Leroy Getchell 08580 W. Beaver Creek Blvd. P.O. Box 7567 Avon, CO 81620 Ph.: (970) 328 -2950 E- Marl: Leroy.Getchell @eagleschools.net 13. No Third -Party Beneficiaries. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third -party, including any agent, sub - consultant or sub - contractor of Avon or Avon Elementary School. Absolutely no third -party beneficiaries are intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. // Signature Page Follows // Avon -Avon Elementary School Lease Agreement March 4, 2015 Page 3 or 4 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. TOWN OF AVON ATTEST: AVON ELEMENTARY SCHOOL Avon -Avon Elementary School Lease Agreement March 4, 2015 Page 4 of 4 By: i Virginia Egger, o Manager Date: 3 % - AVON ELEMENTARY SCHOOL, By and Through Its PRINCIPAL By: Leroy Getchell Date: q— i